CollegeBuys
Master Services Agreement
Agreement No. 00006494
FOUN DATCO for CALIFO R IA
I OMMUNTTY CoLLEGES
This Master Agreement ("Agreement") is entered into between the Foundation for California Community Colleges, a California 501(c)(3) nonprofit organization , ("Foundation") and Precision Emprise LLC dba Precision Concrete Cutting a California limited liability company, ("Supplier").
By signing this Agreement , the Parties acknowledge their acceptance of all the terms and conditions in this Agreement and any exhibits attached hereto (collectively the "Agreement").
The term of this Agreement is December 1, 2022 through November 30, 2025 The parties agree to com1lly with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
Recitals
Terms and Conditions
Special Terms and Conditions
Notices
General Provisions
Products and Services
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Supplier Commitment & Program Promotion
Page3
Sample Form of Supplier Quarterly Reporting to Foundation Cooperative Utilization
Contract Amendments/Modifications
THE PARTIES HEREBY EXECUTE THIS AGREEMENT.
SUPPLIER
dfatc cuw@t By: Marc Cussenot (D ec 1, 2022 13:44 PST)
Print Name: Marc Cussenot
Title: CEO _____________ _
Date: Dec 1, 2022
SUPPLIER - second signature if applicable
By:
Print Name: _____________ _
Title: _______________ _
Date: _______________ _
FOUNDATION FOR CALIFORNIA
COMMUNITY COLLEGES
By: JORGE ALES (Dec 1, 2022 12:46 PST)
Print Name: Jorge J.C. Sales
Title: Vice President of Program Development
Dec 1, 2022 Date: _______________ _
FOUNDATION FOR CALIFORNIA
COMMUNITY COLLEGES - signature 2 if applicable
By: c&::
Print Name: ---"-Jo=sc:.ep~h'--'O"-'u=in=t=an= a ______ _ Title: ____ C =h=i=ef~Op'-"-"'er= a=tin= g ~O ~ffi= 1 =ce~r ____ _ Date: Dec 2, 2022
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Agreement No. 0000 6494
ATTACHMENT 1
EXHIBIT A
(Master Services Agreement)
RECITALS
1. WHEREAS , the Foundation is a 50l(c)(3) nonprofit organization and established the official auxiliary organization for the California Community College Board of Governors and the California Community Colleges Chancellor's Office in accordance with California Education Code 72670.5 and may enter into systemwide agreements on behalf of the California Community Colleges in accordance with California Public Contract Code 20661;
2. WHEREAS , the Foundation developed, supports, and operates CollegeBuys , a cooperative purchasing program designed to pool the purchasing power of public and private schools across the nation and, as a result, the Foundation is in a unique and valuable position to provide Supplier with marketing and promotional services for Supplier's products and/or services;
3. WHEREAS , the Foundation has determined that it is a benefit to establish a Master Agreement with established suppliers so that any or all California public agencies, public and private school districts, or public and private colleges or universities may purchase products at prices stated in this Agreement;
4. WHEREAS, Supplier provides trip hazard repair for uneven sidewalks and other concrete walkways as agreed upon in this Agreement and attached hereto as Exhibit F;
5. WHEREAS, Supplier desires to make this Master Agreement available to public and private school districts, as well as public and private colleges or universities (hereinafter referred to individually as "Participating Agency " or collectively as "Participating Agencies") , specifically including California Community Colleges, which are supported, in part, by the Foundation ; and
6. WHEREAS , Foundation seeks to offer and raise awareness of Supplier's products and/or services to Participating Agencies in exchange for an administrative fee. 2 of 30
Agreement No. 00006494
EXHIBITB
(Master Services Agreement)
TERMS AND CONDITIONS
1. Master Agreement. The Agreement of the parties consists of this Master Agreement (including the above recitals and these Terms and Conditions) and all Exhibits attached hereto or subsequently signed by the parties. This Master Agreement and all applicable Exhibits are hereinafter collectively referred to as the "Agreement. " In the event of a conflict between the Terms and Conditions and any Exhibits, the Terms and Conditions shall take precedence.
2. Products and Services Ordered. Subject to the terms of this Agreement , Foundation will provide this Master Agreement to interested Participating Agencies for the services and or products identified in Exhibit F.
3. Administration. Foundation shall perform all of its duties , responsibilities and obligations as administrator of purchases under the Agreement as set forth herein, and Supplier hereby agrees that Foundation shall act in the capacity of administrator of purchases under the Agreement.
4. Purchasing. With respect to any purchases by Participating Agencies pursuant to the Agreement, Foundation: (i) shall not be construed as a dealer , re-marketer , representative , partner or agent of any type of the Supplier , or said Participating Agency; (ii) shall not be obligated , liable or responsible for any order made by Participating Agencies or any employee thereof under the Agreement or for any payment required to be made with respect to such order ; and (iii) shall not be obliged , liable or responsible for any failure by any Participating Agencies to comply with procedures or requirements of applicable law or to obtain the due authorization and approval necessary to purchase under the Agreement. Foundation makes no representation or guaranty with respect to any minimum purchases by any Participating Agencies or any employee thereof under this Agreement.
5. Term.
a. This Agreement shall begin on December 1, 2022 ("Effective Date") and shall terminate on November 30, 2025, unless extended in accordance with term 5(b) below. b. The Foundation and Supplier, upon mutual consent , shall have the option to extend the Term for seven (7) additional one (1) year periods ("the Extended Term"). If the option for the Extended Terms are exercised, all terms and conditions set forth herein shall be applicable to the Extended Terms , except as expressly modified by written modifications duly executed on behalf of the Foundation and Supplier. In the event that any of, or a portion of, the extension options are not exercised and additional time is required by the Foundation to initiate a new Term extension or subsequent Agreement , Supplier agrees to continue to provide goods and/or services to the Participating Agencies on a month to month basis , for a period not to exceed six ( 6) months , at the prices, terms and conditions currently at the Agreement expiration date. 3 of 30
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6. Termination . This Agreement may be terminated by the Foundation for any reason, without penalty, at any time by providing Supplier with written notice of the termination at least thirty (30) days in advance.
7. Payment Terms. The payment obligations of the purchaser shall be set forth in the Agreement attached herein addressing the specific service and or product being ordered. Also, see Quarterly Fees & Reporting below for specific requirements.
8. Assignment. The Foundation 's rights and obligations hereunder may be assigned at Foundation's sole discretion to an existing or newly established legal entity that has the authority and capacity to perform Foundation's obligations hereunder. Supplier may assign its rights and obligations hereunder to an existing or newly established legal entity that has the authority and capacity to perform Supplier's obligations hereunder with the prior written consent of the Foundation.
9. Use of Logo. The Foundation's prior review and written approval is required for any use of the Foundation or CollegeBuys name or logo by the Supplier in marketing materials including but not limited to: press releases , print pieces, broadcast emails, and website postings. l 0. Insurance . Upon request within ten (10) days of formal commitment to utilize the Agreement , the Supplier and each Subcontractor identified in its Subcontractors List issued by the Supplier shall deliver to the agency taking part in the agreement Certificates of Insurance evidencing the insurance coverage in the minimum amounts noted below. The foregoing notwithstanding , a Participating Agency may require additional or different insurance coverage or minimum amounts in connection with the use of the agreement. In such event, such additional or different insurance requirements shall be noted in writing from the Participating Agency, and the Supplier shall comply with the same. a. Workers' Compensation Insurance . The Supplier and all Subcontractors to the Supplier shall obtain and maintain Workers' Compensation Insurance with coverage amounts under such policies in accordance with applicable law.
b. Commercial General Liability Insurance . The Supplier and all Subcontractors to the Supplier shall obtain and maintain Commercial General Liability Insurance Policies covering: injuries, including accidental death, to persons , damage to property , completed operations, and contractual liability. Minimum coverage amounts under each such Commercial General Liability insurance policy shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate .
c. Modifications: Cancellation : Additional Insured. Each Participating Agency hereunder shall be additional named insured to the Commercial General Liability insurance policies of the Supplier and its Subcontractors. The Workers' Compensation insurance policy and the General Liability insurance policy of the Supplier and each Subcontractor shall include provisions that the policy terms will not be materially modified and the policy will not be cancelled or terminated without at least thirty (30) days advance written notice to the Participating Agency, as applicable.
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11. Special Provisions.
a. Promotion.
1. Supplier Commitments. Supplier has reviewed, understands and agrees to the Supplier Commitments and Program Promotion attached hereto and incorporated herein as Exhibit G.
11. Availability of Master Agreement. Upon request, Supplier shall make available to interested Participating Agencies a copy of the Master Agreement as may be necessary for such agencies to evaluate potential purchases. b. Quarterly Fees & Reporting.
1. Quarterly Administrative Fee. Supplier shall pay Foundation a quarterly administrative fee in the amount of 3% of the total purchase invoice, less taxes, additional services (excluding included services) and transportation for all purchases of Participating Agencies under said Master Agreement and provide the Foundation with an electronic accounting report, in a format prescribed by the Foundation, summarizing all purchases under the Agreement. A sample of the reporting format appears at Exhibit H. Quarterly reports are due within fifteen (15) calendar days after the conclusion of the preceding quarter. Quarterly administrative fees applicable to each quarter, are due within thirty (30) days of the end of each calendar quarter. The Foundation reserves the right, upon thirty (30) days advance notice to the Supplier, to change the prescribed reporting format.
Administrative fee payments shall be made by check to the Foundation for California Community Colleges.
11. Accounting. Supplier shall at its expense maintain an accounting of all purchases made by Participating Agencies. The Foundation reserves the right to audit the accounting for a period of four ( 4) years from the date the Foundation receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by the Foundation. Quarterly reports and the administrative fee applicable to each quarter, as described in item l l(b )(i) above, are due within thirty (30) days of the end of each calendar quarter. m. Default. Failure to provide a quarterly report and/or payment of the administrative fee within the time and manner specified in item 11 (b )(i) shall be regarded as a material breach under this Agreement and if not cured within thirty (30) days of written notice to Supplier, shall be deemed a cause for termination of the Agreement at the Foundation's sole discretion. All administrative fees not paid within thirty (30) days of the end of each quarter shall bear interest at the rate of one and one half percent (1.5%) per month until paid.
1v. Errors and Omissions. Supplier is provided ninety (90) days or until the conclusion of the subsequent quarter (whichever comes first) from when a quarterly report was due or submitted, to correct error(s) and/or omissions(s) on a quarterly report; and/or to recover an overpayment of the administrative fee from the Foundation.
Once the ninety (90) days or the conclusion of the subsequent quarter (whichever 5 of 30
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comes first) has lapse, the Foundation also reserves the right to recover any unpaid administrative fee(s) from the Supplier discovered during an audit conducted pursuant to Section ll(b )(ii) above, and/or the correction of error(s) and/or omission(s) on quarterly report(s).
v. Right to Compare Records. Foundation or its designee may, at the Foundation's sole discretion, compare Participating Agency records with quarterly reports submitted by Supplier. If there is a discrepancy, the Foundation will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to the Foundation's reasonable satisfaction. If the Supplier does not so resolve the discrepancy, the Foundation shall have the right to engage outside services to conduct an independent audit of Supplier's quarterly reports. Supplier shall be obligated to reimburse any and all Foundation's costs and expenses related to or connected with the record and report reviews, the audit, Foundation staff time and expenses, counsel, and collection. 6 of 30
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EXHIBIT C
(Master Services Agreement)
SPECIAL TERMS AND CONDITIONS
1. Iran Contracting Act Verification. If the estimated spend throughout the life of this Agreement is estimated to exceed one million dollars, ($1,000,000.00), Supplier must appropriately fill out and sign the Iran Contacting Act Verification, as specified under Public Contract Code§§ 2202 - 2208.
2. Work-Site Conditions. Supplier shall keep the work site clean and free from unreasonable accumulation of excess dirt, materials or waste caused by Supplier. Supplier shall dispose of all materials and debris accumulated in conjunction with completing this work off campus daily.
Supplier shall not use Participating Agency refuse containers, unless authorized by designated Participating Agency representative. Supplier will be required to coordinate reclamation/disposal of all materials. Supplier shall provide Participating Agency with proof ofreclamation.
3. Prevailing Wage. Supplier must adhere to all applicable laws and codes pertaining to licensing, prevailing wage rates, bonding, labor code requirements, etc., and ensure that the same is adhered to by any sub-contractor during performance under the Agreement.
4. Professional Licenses. Supplier must possess all trade, professional or business licenses as may be required to provide products and services for Participating Agency.
5. Price Increases. Supplier shall hold firm List Prices in Exhibit F for the first year of the contract.
Thereafter, a price increase can occur no more than once per a 365-day period. a. Supplier agrees to present any and all Price Increase Requests to Foundation at least ninety (90) days prior to the requested increase start date, including all pertinent support documentation that will allow Foundation to effectively and efficiently evaluate the Request.
b. Foundation reserves the right to either deny or negotiate any price increase requested. c. Price increases will not be effective until Supplier receives the expressed written approval from Foundation. Foundation will issue a letter of acceptance to Supplier stating the earliest date the price increase can go into effect. This will be a minimum of sixty (60) days from date of acceptance.
d. Following acceptance, Supplier is responsible for communicating the price increase acceptance to all Participating Agencies who have ordered, or requested a quotation, within thirty (30) days of approval.
e. At minimum, Supplier will be asked to honor any quotation made with the old pricing for ninety (90) days from effective date of the price increase. 7 of 30
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INSTALLATION REQUIREMENTS
Installation, maintenance and repair must meet or exceed any applicable Federal, State, and Local Building Codes, Requirements, or Standards. The Supplier is the expert in all projects and situations and is responsible for site inspection and to advise the purchasing entity on the proper product, preparation work, and installation.
For installation of all materials, installer shall use only trained and experienced applicators who are familiar with the requirements of this work.
In acceptance, or rejection of installed product, no allowance will be made for lack of skill on the part of the installer.
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Agreement No. 00006494
IRAN CONTRACTING ACT VERIFICATION
(Public Contract Code sections 2202-2208)
Prior to bidding on, submitting a proposal or executing a contract or renewal for goods or services of $1,000,000 or more, a Supplier must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services ("DGS") pursuant to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).
To comply with this requirement, please insert your supplier or financial institution name and Federal ID Number (if available) and complete .2.!!.£ of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.) OPTION #1 - THIS PROJECT IS LESS THAN $1,000,000.
OPTION #2 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the suppler/financial institution identified below, and the vendor /financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created b DGS \T
Supplier Name/Financial Institution Federal ID Number (or n/a) Precision Emvrise LLC dba Precision Concrete Cuttinz 82-1353472 By (Authorized Signature) #qre eurwpt Date Executed:
Marc Cussenot (Dec 1, 202213:44 PST) Dec 1, 2022
Printed Name and Title of Person Signing: Marc Cussenot, CEO OPTION #3 - EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor /financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or to enter into or to renew, a contract for goods and services.
If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill h . £ . b 1 d h d . d . h . 1 1 out t e m ormatlon e ow, an attac ocumentat10n emonstratmg t e exempt10n aoorova .
Supplier Name/Financial Institution (Printed)
By (Authorized Signature):
Printed Name and Title of Person Signing
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Federal ID Number (or ,,,J,--,)
Date Executed:
EXHIBITD
(Master Services Agreement)
NOTICES
Unless otherwise expressly provided herein , all reports , notices or other written or electronic communications given hereunder shall be delivered by email or by express delivery requiring signature on receipt to the addresses as set forth below. Foundation may, by written or electronic notice delivered to Supplier , designate any different electronic or physical addresses to which subsequent reports, notices or other communications shall be sent.
FOUNDATION:
Foundation for California Community Colleges
CollegeBuys Program
1102 Q Street, Suite 4800
Sacramento , CA 95811
cbreporting @foundationccc .org
SUPPLIER:
Precision Emprise LLC dba Precision Concrete Cutting
Marc Cussenot
335 Beach Road
Burlingame , CA 94010
415.638.7006
mcu ssenot @PCCnorcal.com
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Agreement No. 00006494
EXHIBITE
(Master Services Agreement)
GENERAL PROVISIONS
1. Entire Agreement. This Agreement supersedes any and all other agreements , either oral or in writing , between the parties hereto with respect to the subject matter hereof , and no other agreement , statement , or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
2. Modification and Waiver. Except as provided otherwise herein , this Agreement may not be modified except by a writing signed by an authorized representative of both parties. A waiver by either party of its rights hereunder shall not be binding unless contained in a writing signed by an authorized representative of the party waiving its rights. The non-enforcement or waiver of any provision shall not constitute a waiver of such provision on any other occasion unless expressly so agreed in writing.
3. Severability. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatsoever.
4. Counterparts. This Agreement may be executed in several counterparts , each of which shall be an original and all of which shall constitute but one and the same instrument.
5. Choice of Law. This Agreement shall be governed exclusively by and construed in accordance with the applicable laws of the State of California , excluding its choice oflaw rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of Sacramento, subject to transfer of venue under applicable State law.
6. Binding Power. This Agreement shall inure to the benefit of and shall be binding upon the Foundation , the Supplier and any successor and assign thereto ; subject , however , to the limitations contained herein.
7. Independent Parties. This Agreement does not constitute , give effect to, or otherwise imply a joint venture , pooling arrangement , partnership , or formal or informal business organization of any kind, or (except as expressly set forth herein) any sort of agency relationship between the parties. Neither party will, or will have the power to, bind the other party to any third party without the prior written consent of the other party. The relationship of Supplier and the Foundation under this Agreement is that of independent contractors. Neither party (the "Acting Party") will have the authority to make any agreement or commitment , or incur any liability on behalf of the other party, nor shall such other party be liable for any acts, omissions to act, contracts , commitments , promises , or representations made by the Acting Party. Except as expressly set forth herein , this Agreement does not restrict either party from conducting business with any third party. 11 of 30
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8. Indemnification. Supplier, its heirs and/or its assigns ("lndemnitor") will indemnify, defend and hold Foundation, and its directors, officers, employees, and agents (collectively "Indemnitees") harmless from all losses, liabilities, claims, demands, costs, expenses and damages, including reasonable attorneys' fees and costs, resulting from, arising out of, or connected with (a) the performance of its obligations under this Agreement or omissions relating to same by Indemnitor, Indemnitor's employees, Indemnitor's subcontractors, or any person or entity for whom Indemnitor is responsible; (b) any breach by Indemnitor of this Agreement; (c) Indemnitor's or Indemnitees' infringement or misappropriation of any intellectual property rights relating, in any way, to the performance of Services and/or (d) any willful or negligent act or omission by Indemnitor or any person or entity for whom Indemnitor is responsible. Indemnitor' s indemnification obligations will not be limited by any assertion or finding that (1) Indemnitees are liable by reason of non-delegable duty, or (2) losses were caused in part by the negligence, breach of contract, or violation oflaw by Indemnitees. Foundation must approve the extension of all settlement offers and approval will not be unreasonably withheld. The Indemnitor will furnish Indemnitees with all related evidence in its control regardless of any disputes. The duty to defend (including by counsel) shall arise regardless of any claim or assertion including, but not limited to, those claims or assertions that Indemnitees caused or contributed to the losses, liabilities, claims, demands, costs, expenses or damages. Nothing in this Agreement shall constitute a waiver or limitation of any rights which Indemnitees may have under applicable law, including without limitation, the right to implied/equitable indemnity.
9. Good Faith Cooperation. The parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.
10. Authorized Representative. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective Parties, and by their signatures to bind the respective Parties to this Agreement.
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PRODUCTS AND SERVICES
EXHIBITF
(Master Services Agreement)
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Agreement No. 00006494
Lowest Price Commitment Certification
In accordance with regulations established for California Public Contract Code 2066l(a)(2) and California Code of Regulations Title 5 section 5913 l(b), the Foundation shall require a vendor to certify that the goods or services provided pursuant to the contract shall carry the lowest cost available upon the same terms, conditions, and specifications. As such, Supplier certifies that the cost to each California Community College District that is a beneficiary of this Agreement is lower than the cost a California Community College District could obtain through its standard contracting procedures and is the lowest cost available for the same products and/or services in Exhibit F, upon the same terms, conditions, and specifications herein. This certification does not preclude Supplier from providing greater discounts than outlined in Exhibit F to a California Community College District in recognition of unique factors such as volume spend. [SUPPLIER]
flan Cur:reMt By: Marc Cussenot (Dec 1, 202213:44 PST)
Print Name: Marc Cussenot
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Agreement No. 00006494
Date: Dec 1, 2022
Title:_---'C=E=-O=--------
Billing Units: Services are billed in "Inch Feet". An inch foot is calculated by measuring the average height of the sidewalk off-set and multiplying this average by the length of the cut. Example : A sidewalk off-set on a 4-foot wide sidewalk that consists of a 0.5'' rise on one side, and tapers down to a zero rise on the other is calculated as follows:
0.5'' +0" x 4ft = 1 inch-foot
Unit Price for sidewalk shaving: $56.5 per inch-foot until 12/31/2022 and $62 per inch-foot in 2023. To be defined for 2024 and beyond.
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Terms and Conditions of Engagement and Authorization to Commence Work The undersigned (the "Customer") hereby engages Precision Concrete Cutting ("PCC") and agrees to the terms and conditions set forth below. PCC removes only those trip hazards specifically requested by customers, and therefore makes no guarantee or representation that the property is free of trip hazards after the contract is completed except those trip hazards specifically requested by Customer. In addition, PCC only performs certain trip hazard repairs.
Among other things, PCC does not remove and replace sidewalk slabs (R&Rs) and does not repair certain ATTNs (e.g. utility boxes). Furthermore, to preserve clients' budget, PCC typically does not perform any repair at and around any sidewalk slabs that require to be replaced. Also, it is recognized that after completion of the contract, trip hazards may and frequently do continue to move naturally over time due to roots, water, freezing, pipes, and other natural or man-made causes. PCC is not responsible for movement or changes in the sidewalks and is not liable for any related claims, losses, damages, or liabilities thereto pertaining.
It is the customers' responsibility to provide proper access and PCC assumes no liability for trip hazards that cannot be identified or repaired due to parked vehicles or other obstacles preventing safe and practical access. In this case, PCC will return one extra time to complete the repairs and will charge a fee of up to $250 per mobilization. Similarly, if repair work needs to be rescheduled less than 3 business days before any agreed upon working date, PCC will charge a rescheduling fee of up to 10% of the contract value.
Proposalis based on volume of work as estimated per our sidewalk assessment, which is valid for one year .. Payment terms of invoices are 15 days unless otherwise stated. Contracts greater than $25,000 are invoiced monthly.
By signing below, I attest that I have read the above statements, understand them completely, and agree. I confirm that I am duly authorized to sign this agreement on behalf of the Customer. By my signature, PCC is approved to complete the work detailed in this proposal in accordance with PCC's schedule and pricing below and attached. Also, Payment of PCC's invoice(s) will confirm that I have inspected PCC's work and that it was performed to my satisfaction.
Date: P.O.#: ---------------- --------------------
Signature Authorized Agent:-------------------------------- Print Name & Title: ------------------------------------- Is it OK to perform work on Saturdays? Yes __ / No __
Is work on Saturdays required to ensure safety and avoid disruption? 16 of 30
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Yes / No -- --
EXHIBIT G
(Master Services Agreement)
SUPPLIER COMMITMENT & PROGRAM PROMOTION
Supplier Commitment
The Foundation for California Community Colleges ("Foundation ") asks each Supplier to make four basic commitments to ensure the overall success of the program .
Corporate Commitment - A commitment that the Foundation has the support of senior management , and that the Foundation contract is the Supplier's primary offering to Participating Agencies, specifically to the California Community Colleges. The Supplier shall make its existing public and private agency clients aware of its Foundation contract, and upon the public and private agency ' s request, such agency will be transitioned to the Supplier's Foundation contract.
Sales Commitment - A commitment that the Supplier will market Foundation contract and that the sales force will be trained, engaged and committed to offering Foundation agreement to Participating Agencies nationwide, with a further commitment that all Foundation sales be accurately and timely reported.
Service Commitment - A commitment that the Supplier will provide at minimum the level of service defined in the agreement to any and all Participating Agencies purchasing through Foundation's contract.
Communication and Information Commitment - Establish the following communication links to facilitate customer access and communication:
An email address for general inquiries
Provide the following for Foundation website use:
-Standard logos
-Summary of products and pricing
-Information web-link to Supplier's website
-Overall information about Supplier
-Other promotional material as desired
Supplier Program Promotion
The Foundation recognizes that each Supplier has a successful business and may choose to meet its commitments to Foundation purchasing programs in a variety of ways that best suit the supplier's business model, organization and market approach. The following are Program Standards intended to assist the supplier in successfully implementing the Foundation contract:
Account Management Team - The Supplier shall provide an Account manager with the authority and responsibility for the overall success of the Foundation contract within the Supplier's organization . The Supplier shall also designate a Lead Referral Contact Person, responsible for receiving communications from Foundation concerning new public agency registrations , and for ensuring timely follow up by the Supplier's staff to requests for contact from public school districts. Additionally, Foundation suggests the 17 of 30
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Supplier implement and support a Supplier-based internet web page dedicated to the Supplier's Foundation program and linked to the CollegeBuys website.
Quarterly Review - Upon request, Foundation will schedule a quarterly review with the Supplier to evaluate the Supplier's performance of Supplier Commitments and Program Standards outlined herein.
Foundation Purchasing Program Awareness - Foundation is responsible for marketing the overall Foundation purchasing program concept and programs to Participating Agencies. Foundation marketing is intended to supplement and enhance the direct sales effort of the Supplier. The Supplier assists by providing promotional material such as logos and by participating in related trade shows and conferences. Foundation employs a marketing team, a web-based lead referral system, a network of partner associations, direct mail, the Internet and newsletters and other publications to increase CollegeBuys awareness.
Supplier Sales - Supplier is responsible for proactive direct sales of Supplier's goods and services to Participating Agencies and the timely follow up to leads established by Foundation. Use of product catalogs, targeted advertising, direct mail and other sales initiatives are encouraged. All sales materials are to use the CollegeBuys logo. Foundation will provide each Supplier with its logo and the standards to be employed in the use of the logo. At a minimum, the Supplier's sales initiatives should communicate:
No cost to participate
Non-exclusive contracts
Sales Force Training - Supplier is responsible for the training of its sales force on the Foundation contract.
Foundation may provide training materials and generally assist with the education of sales personnel. At a minimum, sales training should include:
Key features of Foundation contract
Understanding of the process of development of the Agreement Working knowledge of Foundation Organization and Solicitation Process Awareness of the range of Participating Agencies that can access Foundation 18 of 30
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EXHIBITH
(Master Services Agreement)
SAMPLE FORM OF SUPPLIER QUARTERLY REPORTING TO FOUNDATION FOR
CALIFORNIA COMMUNITY COLLEGES
College Name
Association Name
TOTAL
PO
Number
Supplier
Invoice
Number
Invoice
Amount
$
NOTE: Reports to be submitted in Microsoft Excel
*Excluding taxes, additional services and transportation 19 of 30
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Savings
$
FCCC
Admin. Fee
$
EXHIBIT I
(Master Services Agreement)
COOPERATIVE UTILIZATION
This Master Agreement is available to public and private school districts, as well as public and private colleges or universities (referred to individually as "Participating Agency" or collectively as "Participating Agencies"), specifically including California Community Colleges, which are supported, in part, by the Foundation.
A list of all California Community Colleges, California State Universities , and AICCU Member Institutions is provided below for reference . K-12 districts may also procure under this Agreement pursuant to Public Contract Code Section 20118. The below list does not preclude any Participating Agency that is not listed from purchasing from this Agreement. 20 of 30
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District
Allan Hancock Joint CCD
Antelope Valley CCD
Barstow CCD
Butte-Glenn CCD
Cabrillo CCD
Cerritos CCD
Chabot-Las Positas CCD
Chabot-Las Positas CCD
Chaffey CCD
Citrus CCD
Coast CCD
Coast CCD
Coast CCD
ComptonCCD
Contra Costa CCD
Contra Costa CCD
Contra Costa CCD
Copper Mountain CCD
Desert CCD
El Camino CCD
Feather River CCD
Foothill-De Anza CCD
Foothill-De Anza CCD
Gavilan CCD
Glendale CCD
List of California Community Colleges
College College Address
Allan Hancock College 800 S. College Dr.
Antelope Valley College 3041 West Ave K.
Barstow College 2700 Barstow Rd
Butte College 3536 Butte Campus Dr.
Cabrillo College 6500 Soquel Dr.
Cerritos College 111110 Alondra
Boulevard
Chabot College 25555 Hesperian Blvd.
Las Positas College 3033 Collier Canyon
Rd.
Chaffey College 5885 Haven Ave.
Citrus College 1000 West Foothill
Blvd.
Coastline Community 11460 Warner A venue College
Golden West College 15744 Goldenwest St.
Orange Coast College 2701 Fairview Rd, PO
Box 5005
Compton College 1111 Artesia Blvd.
Contra Costa College 2600 Mission Bell Dr.
Diablo Valley College 321 Golf Club Rd.
Los Medanos College 2700 E. Leland Rd.
Copper Mountain College 6162 Rotary Way
(PO Box 1398)
College of the Desert 43500 Monterey Ave
El Camino College 16007 Crenshaw Blvd.
Feather River College 570 Golden Eagle Ave
De Anza College 21250 Stevens Creek
Blvd.
Foothill College 12345 El Monte Rd
Gavilan College 5055 Santa Teresa
Blvd.
Glendale College 1500 N Verdugo Rd.
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Agreement No. 00006494
City Zip
Santa Maria 93454
Lancaster 93536
Barstow 92311
Oroville 95965
Aptos 95003
Norwalk 90650
Hayward 94545
Livermore 94551
Rancho 91737 Cucamonga
Glendora 91741
Fountain Valley 92708
Huntington Beach 92647
Costa Mesa 92628
Compton 90221
San Pablo 94806
Pleasant Hill 94523
Pittsburg 94565
Joshua Tree 92252
Palm Desert 92260
Torrance 90506
Quincy 95971
Cupertino 95014
Los Altos Hills 94022
Gilroy 95020
Glendale 91208
District
Grossmont-Cuyamaca CCD
Grossmont-Cuyamaca CCD
Hartnell Joint CCD
Imperial Valley CCD
KemCCD
KemCCD
KemCCD
Lake Tahoe CCD
Lassen CCD
Long Beach CCD
Los Angeles CCD
Los Angeles CCD
Los Angeles CCD
Los Angeles CCD
Los Angeles CCD
Los Angeles CCD
Los Angeles CCD
Los Angeles CCD
Los Angeles CCD
Los Rios CCD
Los Rios CCD
Los Rios CCD
Los Rios CCD
Marin CCD
Mendocino-Lake CCD
MercedCCD
College College Address
Cuyamaca College 900 Rancho San Diego
Pkwy.
Grossmont College 8800 Grossmont
College Dr.
Hartnell College 156 Homestead Ave.
Imperial Valley College 380 E. Aten
Bakersfield College 1801 Panorama Dr.
Cerro Coso 3000 College Heights
Community College Blvd
Porterville College 100 E College Ave.
Lake Tahoe 1 College Dr. Community College
Lassen College P.O. Box 3000
Long Beach City College - 1305 E Pacific Coast
Liberal Arts Hwy
East Los Angeles College 1301 Avenida Cesar
Chavez
Los Angeles City College 855 N Vermont Ave.
Los Angeles 1111 Figueroa Pl. Harbor College
Los Angeles 13356 Eldridge Ave Mission College
Los Angeles 6201 Winnetka Ave.,
Pierce College PMB 103
Los Angeles 1600 Imperial Hwy. Southwest College
Los Angeles 400 W. Washington
Trade-Tech College Blvd.
Los Angeles Valley College 5800 Fulton Ave.
West Los Angeles College 9000 Overland Ave.
American River College 4 700 College Oaks Dr.
Cosumnes River College 8401 Center Pkwy.
Folsom Lake College 100 Clarksville Road
Sacramento City College 3835 Freeport Blvd.
College of Marin 835 College Ave.
Mendocino College 1000 Hensley Creek
Rd.
Merced College 3600 M Street
22 of 30
Agreement No. 00006494
City Zip
El Cajon 92019
El Cajon 92020
Salinas 93901
Imperial 92251
Bakersfield 93305
Ridgecrest 93555
Porterville 93257
So. Lake Tahoe 96150
Susanville 96130
Long Beach 90806
Monterey Park 91754
Los Angeles 90029
Wilmington 90744
Sylmar 91342
Woodland Hills 91371
Los Angeles 90047
Los Angeles 90015
Valley Glen 91401
Culver City 90230
Sacramento 95841
Sacramento 95823
Folsom 95630
Sacramento 95822
Kentfield 94904
Ukiah 95482
Merced 95348
District
MiraCosta CCD
Monterey Peninsula CCD
Mt. San Jacinto CCD
Mt. San Antonio CCD
Napa Valley CCD
North Orange County CCD
North Orange County CCD
Ohlone CCD
Online CCD
Palo Verde CCD
Palomar CCD
Pasadena
AreaCCD
Peralta CCD
Peralta CCD
Peralta CCD
Peralta CCD
Rancho Santiago CCD
Rancho Santiago CCD
Redwoods CCD
Rio Hondo CCD
Riverside CCD
Riverside CCD
Riverside CCD
San Bernardino CCD
San Bernardino CCD
San Diego CCD
San Diego CCD
College College Address
MiraCosta College One Bernard Dr.
Monterey Peninsula College 980 Fremont St.
Mt. San Jacinto College 1499 N State St.
Mt. San Antonio College 1100 N Grand Ave .
Napa Valley College 2277 Napa-Vallejo
Hwv.
Cypress College 9200 Valley View
Street
Fullerton College 321 E. Chapman Ave.
Ohlone College 43600 Mission Blvd.
Calbright College 1070 Innovation Way
Palo Verde College One College Dr.
Palomar College 1140 West Mission Rd
Pasadena City College 1570 E. Colorado Blvd.
Berkeley City College 2050 Center Street
College of Alameda 555 Atlantic Avenue
Laney College 900 Fallon Street
Merritt College 12500 Campus Dr.
Santa Ana College 1530 w. 17TH St.
Santiago Canyon College 8045 E. Chapman Ave.
College of the Redwoods 7351 Tompkins Hill
Rd.
Rio Hondo College 3600 Workman Mill
Rd.
Moreno Valley College 16130 Lasselle St.
Norco College 2001 Third St.
Riverside City College 4800 Magnolia Ave.
Crafton Hills College 11 711 Sand Canyon
Road
San Bernardino Valley 701 S. Mt Vernon Ave . College
San Diego City College 1313 Park Blvd.
San Diego Mesa College 7250 Mesa College Dr.
23 of 30
Agreement No. 00006494
City Zip
Oceanside 92056
Monterey 93940
San Jacinto 92583
Walnut 91789
Napa 94558
Cypress 90630
Fullerton 92832
Fremont 94539
Sunnyvale 94089
Blythe 92225
San Marcos 92069
Pasadena 91106
Berkeley 94707
Alameda 94501
Oakland 94607
Oakland 94619
Santa Ana 92706
Orange 92869
Eureka 95501
Whittier 90601
Moreno Valley 92551
Norco 92860
Riverside 92506
Yucaipa 92399
San Bernardino 92410
San Diego 92101
San Diego 92111
District
San Diego CCD
San Francisco CCD
San Joaquin Delta CCD
San Jose-Evergreen CCD
San Jose-Evergreen CCD
San Luis Obispo County
CCD
San Mateo County CCD
San Mateo County CCD
San Mateo County CCD
Santa Barbara CCD
Santa Clarita CCD
Santa Monica CCD
Sequoias CCD
Shasta-Tehama-Trinity Joint
CCD
Sierra Joint CCD
Siskiyou Joint CCD
Solano CCD
Sonoma County JCD
South Orange County CCD
South Orange County CCD
Southwestern CCD
State Center CCD
State Center CCD
State Center CCD
State Center CCD
Ventura County CCD
College College Address
San Diego 10440 Black Mountain
Miramar College Rd
City College of San 50 Phelan Ave Francisco
San Joaquin Delta College 5151 Pacific Ave.
Evergreen Valley College 3095 Yuerba Buena
Rd.
San Jose City College 2100 Moorpark Ave
Cuesta College P.O. Box 8106
Canada College 4200 Farm Hill
Boulevard
College of San Mateo 1700 West Hillsdale
Blvd.
Skyline College 3300 College Dr.
Santa Barbara 721 Cliff Dr. City College
College of the Canyons 26455 Rockwell
Canyon Rd.
Santa Monica College 1900 Pico Blvd
College of the Sequoias 915 S. Mooney Blvd.
Shasta College P.O. Box 496006
Sierra College 5100 Sierra College
Blvd.
College of the Siskiyous 800 College Ave.
Solano 4000 Suisun Valley Rd. Community College
Santa Rosa Junior College 1501 Mendocino Ave.
Irvine Valley College 5500 Irvine Center Dr.
Saddleback College 28000 Marguerite
Parkway
Southwestern College 900 Otay Lakes Rd.
Clovis College 10309 N. Willow
Avenue
Fresno City College 1101 E University Ave.
Madera College 30277 Avenue 12
Reedley College 995 North Reed Ave.
Moorpark College 7075 Campus Rd
24 of 30
Agreement No. 00006494
City Zip
San Diego 92126
San Francisco 94112
Stockton 95207
San Jose 95135
San Jose 95128
San Luis Obispo 93403
Redwood City 94061
San Mateo 94402
San Bruno 94066
Santa Barbara 93109
Santa Clarita 91355
Santa Monica 90405
Visalia 93277
Redding 96049
Rocklin 95677
Weed 96094
Fairfield 94534
Santa Rosa 95401
Irvine 92720
Mission Viejo 92692
Chula Vista 91910
Fresno 93730
Fresno 93741
Madera 93638
Reedley 93654
Moorpark 93201
District
Ventura County CCD
Ventura County CCD
Victor Valley CCD
West Hills CCD
West Hills CCD
WestKemCCD
West Valley-Mission CCD
West Valley-Mission CCD
Yosemite CCD
Yosemite CCD
YubaCCD
YubaCCD
College College Address
Oxnard College 4000 S Rosa Ave.
Ventura College 4667 Telegraph Rd.
Victor Valley College 18422 Bear Valley Rd.
West Hills 3 00 Cherry Lane College Coalinga
West Hills 555 College Ave. College Lemoore
Taft College 29 Emmons Park Dr.
Mission College 3000 Mission College
Blvd
West Valley College 14000 Fruitvale Ave.
Columbia College 11600 Columbia
College Dr.
Modesto Junior College 435 College Ave.
Woodland 2300 E. Gibson Rd. Community College
Yuba College 2088 N. Beale Rd.
25 of 30
Agreement No. 00006494
City Zip
Oxnard 93033
Ventura 93003
Victorville 92392
Coalinga 93210
Lemoore 93245
Taft 93268
Santa Clara 95054
Saratoga 95070
Sonora 95370
Modesto 95350
Woodland 95776
Marysville 95901
List of California State Universities
Institution Address
California State University, Bakersfield 9001 Stockdale Highway California State University , Channel Islands 1 University Drive California State University , Chico 400 West First Street California State University , Dominguez Hills 1000 E. Victoria Street California State University, East Bay 25800 Carlos Bee Boulevard California State University , Fresno 5421 N. Maple Avenue California State University , Fullerton 800 N. State College Boulevard Humboldt State University 1 Harpst Street
California State University, Long Beach 1250 Bellflower Boulevard California State University , Los Angeles 5151 State University Drive California State University Maritime Academy 200 Maritime Academy Drive California State University , Monterey Bay 5108 Fourth A venue California State University, Northridge 18111 Nordhoff Street California State Polytechnic University, Pomona 3801 West Temple Avenue California State University, Sacramento
California State University , San Bernardino
San Diego State University
San Francisco State University
San Jose State University
California State Polytechnic University ,
San Luis Obispo
California State University, San Marcos
Sonoma State University
California State University, Stanislaus
6000 J Street
5500 University Parkway
5500 Campanile Drive
1600 Holloway A venue
One Washington Square
1 Grand A venue
333 South Twin Oaks Valley
Road
1801 East Cotati A venue
One University Circle
26 of 30
Agreement No. 00006494
City Zip
Bakersfield 93311
Camarillo 93012
Chico 95929
Carson 90747
Hayward 94543
Fresno 93740
Fullerton 92831
Arcata 95521
Long Beach 90840
Los Angeles 90032
Vallejo 94590
Marina 93933
Northridge 91330
Pomona 91768
Sacramento 95819
San Bernardino 92407
San Diego 92182
San Francisco 94132
San Jose 95192
San Luis Obispo 93407
San Marcos 92096
Rohnert Park 94928
Turlock 95382
List of AICCU Member Institutions
Institution
American Jewish University
Antioch University
ArtCenter
Biola University
Brandman University
California Baptist University
California College of the Arts
California Institute of Integral Studies
California Institute of Technology
California Institute of the Arts
California Lutheran University
Chapman University
Charles R. Drew University
Chicago School of Professional Psychology
Claremont Graduate University
Claremont McKenna College
Columbia College Hollywood
Concordia University Irvine
Dominican University of California
Fielding Graduate University
Fresno Pacific University
Golden Gate University
Harvey Mudd College
Holy Names University
Humphreys University
International Technological University
John F. Kennedy University
Keck Graduate Institute
La Sierra University
Laguna College of Art + Design
Life Pacific College
Loma Linda University
Los Angeles Pacific University
Address
15600 Mulholland Drive
400 Corporate Pointe
1700 Lida Street
13800 Biola Avenue
16355 Laguna Canyon Road
8432 Magnolia Avenue
1111 Eighth Street
1453 Mission Street
1200 E. California Boulevard
24 700 McBean Parkway
60 W. Olsen Road
One University Drive
1731 East 120th Street
617 W. 7th Street
150 E. 10th Street
888 Columbia Avenue
18 618 Oxnard Street
1530 Concordia West
50 Acacia A venue
2020 De la Vina Street
1717 S. Chestnut Ave. East
Hall
536 Mission Street
301 Platt Boulevard
3500 Mountain Boulevard
6650 Inglewood A venue
2711 North First Street
100 Ellinwood Way
535 Watson Drive
4500 Riverwalk Parkway
2222 Laguna Canyon Road
1100 West Covina Boulevard
11139 Anderson Street
300 N. Lone Hill Ave. , # 200
27 of 30
Agreement No. 00006494
City Zip
Los Angeles 90077
Culver City 90230
Pasadena 91103
La Miranda 90639
Irvine 92618
Riverside 92504
San Francisco 94107
San Francisco 94107
Pasadena 91125
Valencia 91355
Thousand Oaks 91360
Orange 92866
Los Angeles 90059
Los Angeles 90017
Claremont 91711
Claremont 91711
Tarzana 91356
Irvine 92612
San Raphael 94901
Santa Barbara 93105
Fresno 93702
San Francisco 94105
Claremont 91711
Oakland 94619
Stockton 95207
San Jose 95134
Pleasant Hill 94523
Claremont 91711
Riverside 92505
Laguna Beach 92651
San Dimas 91733
Loma Linda 92350
San Dimas 91733
Institution
Loyola Marymount University
Marymount California University
Menlo College
Mills College
Mount Saint Mary's University
National University
National University, Sacramento
Notre Dame de Namur University
Occidental College
Otis College of Art and Design
Pacific Oaks College
Pacific Union College
Palo Alto University
Pepperdine University
Pitzer College
Point Loma Nazarene University
Pomona College
Providence Christian College
Saint Mary's College of California
Samuel Merritt University
San Diego Christian College
San Francisco Art Institute
San Francisco Conservatory of Music
Santa Clara University
Saybrook University
Scripps College
Simpson University
Soka University of America
Southern CA Institute of Architecture
Southern CA University of Health Sciences
Stanford University
TCS Education System
The Claremont Colleges Services
The Master's University
Thomas Aquinas College
Address
1 LMUDrive
30800 Palos Verdes Dr. East
1000 El Camino Real
5000 MacArthur Boulevard
12001 Chalan Road
11255 North Torrey Pines Road
9320 Tech Center Drive
1500 Ralston A venue
1600 Campus Road
9045 Lincoln Boulevard
55 West Eureka Street
One Angwin A venue
1791 Arastradero Road
24255 Pacific Coast Highway
1050 N. Mills Avenue
3900 Lomaland Drive
333 N. College Way
1539 E. Howard Street
1928 Saint Mary's Road
3100 Telegraph Ave.
200 Riverview Parkway
800 Chestnut Street
50 Oak Street
500 El Camino Real
475 14th Street, 9th Floor
1030 N. Columbia
2211 College View Drive
1 University Drive
960 E. 3rd Street
16200 Amber Valley Drive
450 Serra Mall
475 14th Street, 9th Floor
101 South Mills A venue
21726 Placerita Canyon Road
10,000 Ojai Road
28 of 30
Agreement No. 00006494
City Zip
Los Angeles 90045
Rancho Palos Verdes 90275
Atherton 94027
Oakland 94613
Los Angeles 90049
La Jolla 92037
Sacramento 95826
Belmont 94002
Los Angeles 90041
Los Angeles 90045
Pasadena 91103
Angwin 94508
Palo Alto 94304
Malibu 90263
Claremont 91711
San Diego 92106
Claremont 91711
Pasadena 91104
Moraga 94556
Oakland 94609
Santee 92071
San Francisco 94133
San Francisco 94102
Santa Clara 95050
Oakland 94612
Claremont 91711
Redding 96003
Aliso Viejo 92656
Los Angeles 90013
Whittier 90604
Stanford 94305
Oakland 94612
Claremont 91711
Santa Clarita 91321
Santa Paula 93060
Institution
Touro College and University System
Touro University California
Touro University Worldwide
University of La Verne
University of La Verne College of Law
University of Redlands
University of Saint Katherine
University of San Diego
University of San Francisco
University of Southern California
University of the Pacific
University of the West
Vanguard University of Southern CA
Western University of Health Sciences
Westmont College
Whittier College
Whittier Law School
William Jessup University
Woodbury University
Zaytuna College
Address
43 West 23rd Street
131 O Club Drive
10609 Calle Lee, Ste. 179
1950 3rd Street
320 East D Street
1200 East Colton Avenue
163 7 Capalina Road
5998 Alcala Park
2130 Fulton Street
University Park
3601 Pacific Avenue
1409 Walnut Grove A venue
55 Fair Drive
309 East Second Street, College
Plaza
955 La Paz Road
13406 East Philadelphia
3333 Harbor Boulevard
2121 University Avenue
7500 N Glenoaks Blvd
1712 Euclid A venue
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Agreement No. 00006494
City Zip
New York 10010
Vallejo 94592
Los Alamitos 90720
La Verne 91750
Ontario 91764
Redlands 92374
San Marcos 92069
San Diego 92110
San Francisco 94117
Los Angeles 90089
Stockton 95211
Rosemead 91770
Costa Mesa 92626
Pomona 91766
Santa Barbara 93108
Whittier 90608
Costa Mesa 92626
Rocklin 95765
Burbank 91504
Berkeley 94709
EXHIBIT J
(Master Services Agreement)
CONTRACT AMENDMENTS/MODIFICATIONS
30 of 30
Agreement No. 00006494
Heather Jimison
Precision Concrete Cutting
1425 North Market Blvd. #9
Sacramento, CA 95834
June 12, 2024
RE: Price Increase Request for CollegeBuys, Contract #00006494 Dear Ms. Jimison,
This letter is to inform you that Precision Concrete Cutting’s Price Increase Request for items awarded in Contract #00006494 has been approved. Per the terms of the agreement, the approved price increase can be implemented sixty (60) days from the date reflected on this approval letter. In an effort to ensure that price increase are implemented and communicated effectively, please note the items below:
• Price increase information will be made available on the Foundation website, but please note it is your responsibility to communicate this increase to all entities utilizing the contract.
• Please note that you are responsible for communicating the price increase acceptance to all participating agencies, including any who have not ordered, but have request a quotation, within thirty (30) days of approval.
• At minimum, please honor quotations made with the old pricing for ninety (90) days from effective date of the price increase.
If you have any questions or concerns please feel free to contact me directly. Thank you for your ongoing support of our community colleges.
Sincerely,
Jennifer Keiper
Director, CollegeBuys
[email protected]
906.325.1859
Attachment 1: Price Increase Process Letter
Heather Jimison
Precision Concrete Cutting
1425 North Market Blvd. #9
Sacramento, CA 95834
June 24, 2024
RE: Price Increase Request for CollegeBuys, Contract #00006494
Dear Ms. Jimison,
This letter is to inform you that Precision Concrete Cutting’s Price Increase Request for items awarded in Contract #00006494 has been approved. Per the terms of the agreement, the approved price increase can be implemented sixty (60) days from the date reflected on this approval letter. In an effort to ensure that price increase are implemented and communicated effectively, please note the items below:
• Price increase information will be made available on the Foundation website, but please note it is your responsibility to communicate this increase to all entities utilizing the contract.
• Please note that you are responsible for communicating the price increase acceptance to all participating agencies, including any who have not ordered, but have request a quotation, within thirty (30) days of approval.
• At minimum, please honor quotations made with the old pricing for ninety (90) days from effective date of the price increase.
If you have any questions or concerns please feel free to contact me directly. Thank you for your ongoing support of our community colleges.
Sincerely,
Jennifer Keiper
Director, CollegeBuys
[email protected]
906.325.1859
Attachment 1: Price Increase Process Letter
Heather Jimison
Precision Concrete Cutting
1425 North Market Blvd. #9
Sacramento, CA 95834
June 24, 2024
Dear Ms. Jimison,
This letter is to inform you of the formal price increase request process that has been established by the Foundation. The contract states price increases are to be negotiated with the Foundation and we want to ensure all vendor partners understand expectations.
1. Limitations: Contract Holder is limited to one (1) Formal Price Increase Request per year (a year is defined as a 365-day period). The initial year to commence upon a fully executed contract.
2. ALL future Formal Price Increase Requests (Request) are managed as follows:
• Price Increase Request must include sufficient details to allow Foundation staff to effectively and efficiently evaluate the Request. At a minimum, the Request should include details on specific product, packaging or other related materials costs that have increased, product lines that are to be impacted, and the net effective impact of the requested adjustments would be.
• Foundation will review the Request in a timely manner and make every effort to get back to the manufacturer with any questions or additional information required to evaluate the Request within ten (10) business days.
Please note that some factors Foundation may consider in this determination may include market conditions, frequency of Request from the manufacturer, appropriateness of Request relative to other manufacturers in the industry, and general market conditions for our constituents
• If Foundation does not feel that the Request is justified, Foundation reserves the right to either deny the increase or negotiate better terms for our constituents.
• If the price increase as present is accepted, Foundation will issue a letter of acceptance to Contract Holder stating the earliest date the price increase can go into effect. Per the terms of our contract, this will be a minimum of sixty (60) days from date of acceptance. Foundation may extend this implementation period if warranted by market conditions.
i. Manufacturer should anticipate that the processing of a Request to take approximately thirty (30) days from receipt of Request. ii. Manufacturer is responsible for communicating the price increase acceptance to all participating agencies, including any who have not ordered, but have requested a quotation, within thirty (30) days of approval.
• Understanding project lead times and the importance of our constituent’s ability to stay on budget, Contract Holder is expected to work with any college that has received a quote that could be impacted by the price increase. At minimum, Contract Holder will be asked to honor any quotation made with the old pricing for ninety (90) days from effective date of the price increase.
Foundation reserves the right to modify this formal process if the need arises and will notify Vendor partners of any changes to the Formal Price Increase Protocol.
If you have any questions or concerns, please feel free to contact me directly. And thank you for your ongoing support of our Community Colleges.
Sincerely,
Jennifer Keiper
Sr. Director, CollegeBuys
[email protected]
Attachment 2: Affected Products and Services
Effective Date: August 23, 2024
(60 Days from Approval Letter)
The overall average increase is 10%
Attachment 3: Vendor Cover Letter
From: [email protected] <[email protected]>
Sent: Tuesday, June 11, 2024 1:55 PM
To: Heather Cade-Bauer <[email protected]>
Cc: [email protected]
Subject: RE: FoundationCCC Q3 Partnership Meeting
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hi Heather,
It was great meeting with you today. We would like to request a price increase due to inflation hitting us very hard in 2024 to 68.2 inch/ft. Can you please help me with getting this rate locked in for our 2024 contract pricing? Also, Jason from our accounting dept should be submitting the reporting and I apologize for the delay on this. I do look forward to sending in a quarterly newsletter and a case study, so if you can show me some examples and when I can get that submitted that would be great!
I am also interested in the zoom meeting and speaking about some of the colleges we have had success with at upcoming statewide monthly meetings in the fall. Thanks for your help! Best,
Heather Jimison
Precision Concrete Cutting
Senior Business Development Manager for School Districts, Colleges and Universities
Your Sidewalk Inspection and Repair Expert
CSLB# 1032474 |www.PCCNorCal.com | 1425 North Market Blvd #9. Sacramento, CA 95834 ( (C) 916-607-0447| 7 650-240-3866 | * [email protected]